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i <br />UNOMMED <br />public charges,.general and -special, levied and assessed` against the premises and the indebtedness hereby secured,'and upon Mortgagee's <br />demand in writing, promptly.to deposit with Mortgagee any amount <br />in excess of said monthly payments which shall be required to pay' <br />such taxes, assessments and charges prior to delinquency. Such <br />payments shall not bear interest and shall be applied by Mortgagee <br />to the payment of said taxes, assessments and public charges <br />prior to delinquency. In case of default in any.of the terms of <br />this mortgage, all funds paid to and deposited with Mortgagee as <br />provided above shall constitute additional -security for all sums <br />secured by'this mortgage and may be applied by Mortgagee'as a <br />credit .on the indebtedness secured hereby: The enforceability of <br />the Mortgagee's covenants relating to taxes, assessments and <br />public -charges herein otherwise provided.shall not be affected <br />except as such covenants have been performed by compliance with <br />the covenants -set forth in this.paragraph. Mortgagee may from <br />time to time at its option waive, and after such waiver reinstate, <br />any and all provisions of this paragraph requiring such payments <br />and deposits, by notice to Mortgagor in writing. While any such <br />waiver is in effect, Mortgagor shall pay.all taxes., assessments <br />and public charges as otherwise herein provided. <br />9. Mortgagor shall neither commit nor suffer any waste <br />on the premises and'shall keep and maintain all buildings,.improve <br />ments, appurtenances, fixtures,all parking facilities and spaces; <br />and other property now or hereafter situated thereon in sound <br />condition and in good and substantial repair, and shall not take <br />or permit any action whatsoever whereby the premises shall become <br />less valuable. No building, improvement,.parking.facility:or <br />space or fixture now or hereafter situated on the premises. -shall <br />be removed, demolished or substantially or structurally altered <br />in any way, nor shall any fixtures or personalty covered by. -this <br />mortgage and the security agreement herein provided be removed <br />unless replaced with other fixtures or personalty with a value at <br />least equal to that removed and free from'any title retention or <br />security agreement or other encumbrance, nor shall any capital <br />improvements:be made upon the premises without the prior written <br />consent of the Mortgagee in each such event. <br />10. That Mortgagor shall comply at all times witli:all <br />federal and state laws,,all.municipal ordinances and all rules <br />and regulations of any governmental entity having jurisdiction <br />over the premises insofar as said laws, ordinances, rules and <br />regulations pertain in any way to the premises and their use. <br />11. Because the aforesaid promissory note is secured <br />by mortgages on four (4) warehouses, two (2) located on the <br />parcels hereinabove described, and two (2) located on parcels in <br />Polk and Linn Counties, ­Iowa, this mortgage shall be executed in <br />at least two (2) counterparts. One counterpart -shall be recorded <br />in Lancaster County, Nebraska, and the other shall be, recorded in <br />Hall County, Nebraska. Mortgagee shall have the right to exercise <br />the rights, " <br />interests,'powers and authorities herein granted and <br />conferred separately and independently with respect to each of <br />:the Nebraska,parcels without prejudice to any of'its remedies, or <br />in its sole discretion, Mortgagee shall -have the right to exercise <br />its rights, interests, powers and-authorities"simultaneously with <br />respect to both such Nebraska parcels. If the sums secured by <br />this mortgage are now or hereafter further secured by other <br />mortgages, security agreements, pledges, contracts of.guaranty, <br />assignments of leases or.other.security, Mortgagee may, at its <br />option, exhaust any one or more of said securities and the security <br />hereunder; either concurrently:or independently, and in such <br />ordei.as Mortgagee shall determine. <br />